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Employment law is constantly moving. Keep on top of some of the recent Employment Law updates in our latest blog from Gareth Dando, Associate Solicitor.
The is the latest in a long line of cases on this issue. The European Court of Justice recently decided that a worker who does not actually ask his employer for annual leave does not automatically lose the right to the leave or a payment in lieu of untaken leave when he leaves employment.
The employer must show that they’ve given the worker the opportunity to take that leave and that they encouraged them to do so. It is for the employer to show that it encouraged the worker to do so, and to also tell them they’re at risk of losing the leave if they don’t take it.
This case re-asserts the need for employers to have clear wording in their contracts and policies regarding carry over of leave and payment in lieu of unused leave.
This case concerned a part time member of the cabin crew who was required to be available for 53.5% of the hours of a full time comparator, but was paid only 50% of the comparators salary. The Court of Appeal has held that she had established a prima facie case of less favourable treatment and referred the case back to the Tribunal for them to decide whether this less favourable treatment was justified.
The Employment Appeal Tribunal (EAT) has confirmed that, when looking at whether workplace conduct at work amounts to harassment, a Tribunal needs to look at that conduct within the context in which it takes place.
The Evans v Xactly case involved a harassment claim brought on the grounds that the Claimant had been called a “fat ginger pikey”. The claimant suffered with diabetes and is part of the traveller community. The Tribunal found that the comment was potentially discriminatory but also that the culture in that workplace was one of “good natured jibing and teasing” among employees in a sales environment and that at the time the Claimant didn’t appear to be offended by it.
Notably, the EAT stressed that harassment claims are highly fact sensitive and context specific. Employers should, therefore, remain wary of tolerating potentially discriminatory comments dressed up as workplace “banter”.